Mortimer Clarke Solicitors Claim issued

**Amethyst** · 26th October 2018, 10:49:AM

Can you tell us a bit about the original debt please. What is it for, when did it default/last get paid etc?
Also type out the particulars of claim from the claim form.
Have a read of the First Steps post.

And don't email MC anymore. Are they acting for Cabot?
Was your original email on the 18th in response to a letter before claim at all ?

**j4mes** · 26th October 2018, 11:09:AM

I don't have exact details to hand but it was an Aquacard, passed to Cabot, and then as I took control it was being passed to MCS. Defaulted April 2018, last paid a few years ago. I'd wrote to Cabot, who forwarded the letter to MCS, and MCS themselves responded saying the income/outgoings at the time had £10 extra that could be used and they expected an offer to be forthcoming. The letter itself was misplaced, but my email was in response to that letter. I had made a settlement offer of 25% of the debt, as a starting point to negotiate. In their one response, they'd suggested £700ish to settle. In the email I stated that kind of money wasn't possible and informed them of the change in circumstances and asked for an income/outgoings form to be posted out.

Particulars of Claim: By an agreement between SAV Credit Re Aqua & the defendant on or around 17/08/2015 ('the agreement') SAV Credit Re Aqua agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the agreement was terminated. The agreement was assigned to the claimant. The CLAIMANT THEREFORE CLAIMS 999.99 2. Costs

**j4mes** · 26th October 2018, 11:13:AM

Received a claim? Yes
Issue Date: 25/10/2018
Have you Acknowledged the Claim? No:
Total Amount Claimed : 1200
( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name: Cabot Financial UK LTD
Solicitors Firm: Mortimer Clarke
Original Creditor: Aqua
Original Debt: Credit Card :
Particulars of Claim: As above
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ) No
Any Other Information or Background Details: As above

**Amethyst** · 26th October 2018, 11:14:AM

If it was last paid a few years ago it's unlikely it only defaulted in April 2018 - do you have access to her credit file ?

Aqua was run by NewDay NOT SAV Credit in August 2015 so at some point they will need to amend as the agreement won't be with SAV Credit at all. ( Save that for defence though)

So follow the first steps for the moment, acknowledge the claim with intend to defend, send a SAR to Aqua, a CCA request to Cabot and a CPR request to MC. The CPR request can only ask for the agreement as that is all that is mentioned, but leave the paragraph in that says you have sent a CCA request to Cabot as well.

CCA Request
CPR 31.14 Request
Subject Access Request Letter

**j4mes** · 26th October 2018, 11:22:AM

I have the paperwork for her debts. Just looking through it now but maybe last year she last made a payment. I'll get her to fill the court things in herself while I prepared and send the rest off today. 3 letters to 3 separate places. Any specific person/Department to send to?

**j4mes** · 27th October 2018, 23:56:PM

Amethyst citizens advice are suggesting she makes an offer of repayment direct to Cabot based on income/outgoings. Any advice?

**MIKE770** · 28th October 2018, 11:18:AM

citizens advice? they always say that, ignore for now (bad advice in most cases) last advice given to me from ex bank manager is pay them regardless (felt like flushing the toilet I was sat on what you say??? well no room available he sat on narrow window sill I sat on toilet lid my wife leaned on the door), glad never took his advice and carried on a case.

**Amethyst** · 28th October 2018, 11:41:AM

She can do if there's no dispute over the debt however I would first ask for copies of documentation to ensure the debt is valid and they do have the legal right to claim it.

If you have the original documents thats good to compare to what they send you.

The acknowledgment of service extends the time to make a decision as to whether to admit and offer or to defend the case to 33 days from the date of issue - saying 'intend to defend' now isnt binding. Also if they can't provide the documents or there are faults you are more likely to get a reduced settlement figure without having a CCJ applied ( possibly via a consent order) If you simply complete the admission and offer to pay documents there will be a CCJ applied which remains for 6 years. She could make an instalment offer direct with Cabot now but she needs to have any discussion 'without prejudice' and have it in writing the claim will be stayed and discontinued once payments are completed.

CCA to CABOT
CPR to Mortimer Clarke

No need for the SAR if you have your docs

so if you have original agreement ? can you see if it WAS SAV credit or NewDay ?

**j4mes** · 9th November 2018, 17:58:PM

I found the letter from MCS, dated 28/09/18.

it reads as follows;

WITHOUT PREJUDICE

Dear Miss X,

RE: Cabot Financial (UK) Ltd And Miss X

ref: ************
balance: £1000 (rounded figure)

We refer to the above matter and your recent offer in full and final settlement of the balance due. Our client is not willing to accept the offer of £300 (rounded figure), however our client has proposed an offer of 15% off the remaining balance.

SETTLEMENT AMOUNT: £900 (rounded figure)
PAYMENT DUE DATE: 20/10/18

We accept payment online at [website], by debit card, cheque, bank transfer. Alternatively, our bank details are as follows:

xxxxxxxxxxxxxx

Please be advised that if the payment sum shown above is not received by the due date, our instructions are to peruse you for the full outstanding balance.

Moreover, we not you have an available monthly surplus of £20 (rounded), if this settlement proposal is not acceptable, then please put forward a revised offer of payment within 14 days.

We trust this is of assistance to you

**j4mes** · 9th November 2018, 18:00:PM

Is there not supposed to be a letter of claim issued in the meantime before issuing court papers? My email sent was within the timeframe they stipulated

**Amethyst** · 9th November 2018, 18:44:PM

The letter of claim may have been the letter that was misplaced that you replied to on the 18th. Do you recall if the letter had a reply form with it ?

Anyway, it is in the past now and you can mention the lack of a letter of claim and that you were in discussions re settlement/instalments when they issued the claim in your witness statements but it's not really going to make a lot of difference.

You sent the CCA and CPR requests didn't you. So they haven't yet provided documents and you could go back and decline their offer, state that you will await copies of the documents and then consider your position re defending the claim. If you are in a position to pay it in full IF you have to, there's nothing to lose by putting your defence in - you could always negotiate at mediation further along if they come up with documents ( or if they don't use it to negotiate your £300 offer maybe )

**j4mes** · 16th November 2018, 10:28:AM

So the CCA and CPR requests were sent off yes, and I await their responses. I did try to negotiate with Cabot directly who simply stated any correspondence needs to go to MCS themselves. MCS wrote a reply saying they aren’t interested in any negotiations for settlement, intend to proceed to court and the only way to avoid a CCJ is to pay the balance in full. I’ll see what response the CCA and CPR requests bring but I’m conscious time is running short

**MIKE770** · 16th November 2018, 10:38:AM

MCS = keep their letter stating above for possible use later

**Amethyst** · 19th November 2018, 13:49:PM

You should start looking at the defence as it will want filing around 24th Nov - Example Defence

Mortimer Clarke Solicitors Claim issued